LANGE v. SCHILLING

No. C055471.

163 Cal.App.4th 1412 (2008)

JAY LANGE, Plaintiff and Respondent, v. ROXANNE SCHILLING et al., Defendants and Appellants.

Court of Appeals of California, Third District.

May 28, 2008.


Attorney(s) appearing for the Case

Triebsch, Frampton, Dorius & Lima and Cory B. Chartrand for Defendants and Appellants.

June Babiracki Barlow and Neil D. Kalin for California Association of Realtors as Amicus Curiae on behalf of Defendant and Appellant Segerstrom Real Estate, Inc.

Gagen, McCoy, McMahon, Koss, Markowitz & Raines and Charles A. Koss for Plaintiff and Respondent.


OPINION

HULL, J.

The standard California residential purchase agreement bars attorney fees for a party who commences litigation without first attempting to mediate the dispute. Plaintiff Jay Lange filed his complaint before seeking mediation but, after plaintiff prevailed at trial, the trial court nonetheless awarded him attorney fees. We agree with other courts that the agreement means what it says: plaintiff's failure to seek mediation precludes...

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